Aji.C.R. @ Abdul Azeez vs State Of Kerala

Kerala High Court

Aji.C.R. @ Abdul Azeez vs State Of Kerala on 21 May, 2024

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                    CRL.A NO. 1103 OF 2019
  CRIME NO.555/2016 OF PERINGOME POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED 13.07.2018 IN SC NO.723
OF 2016 OF SPECIAL COURT UNDER POCSO ACT, KANNUR


APPELLANT/S:

           AJI.C.R. @ ABDUL AZEEZ
           AGED 46 YEARS
           S/O RAMANKUTTY, CHELAKKAMTHADAM HOUSE,
           ADIKOLLI, PADICHIRA AMSOM, PULPALLI, WAYANAD -
           673 579
           BY ADVS.
           T.U.SUJITH KUMAR
           SRI.K.V.WINSTON


RESPONDENT/S:

    1      STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM - 682 031
    2      THE SHO
           PERINGOME POLICE STATION, KANNUR - 670 353.

OTHER PRESENT:

           SR GP...PUSHPALATHA MK



        THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.Appl.No.1103 of 2019
                                            2




                           P.G. AJITHKUMAR, J.
                        .........................................
                        Crl.Appl.No.1103 of 2019
                 ..........................................................
                 Dated this the 21st day of May, 2024


                                   JUDGMENT

This is an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973.

2. The appellant stands convicted and sentenced for the offences under Section 506(i) of the Indian Penal Code, 1860 (IPC) and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act). The sentence imposed is imprisonment for a period of 5 years and to pay a fine of Rs.25,000/- under Section 8 of the PoCSO Act and imprisonment for a period of three months under Section 506(i) of the IPC.

3. The appellant expired on 13.01.2023. A copy of the death certificate is made available by the learned Public Prosecutor.

4. The learned counsel for the appellant submitted that the legal heirs of the appellant are not interested in prosecuting the matter.

5. The sentence comprises of imprisonment and fine. On account of the death of the appellant, the appeal does not abate automatically. However, considering the facts that the legal heirs of the appellant are not interested in prosecuting the matter and more than one month after the death is over, the appeal is liable to Crl.Appl.No.1103 of 2019 3 be dismissed as abated and by directing the trial court to take steps for realisation of the fine.

Accordingly, the appeal is dismissed as abated. The trial court will initiate steps for realisation of the fine amount from the assets of the appellant, if any.

Sd/-

P.G. AJITHKUMAR, JUDGE Dxy